New California Law expands Gender Equity for Community Sports



Last week, California Governor Arnold Schwarzenegger signed AB 2404, a law which seeks to ensure that Californian boys and girls play on even playing fields--and I mean that quite literally, as this law will demand that actual playing surfaces (e.g., baseball fields, hockey rinks, basketball courts) are of approximate quality for boys' and girls' teams. More generally, AB 2404 will effectively expand the requirements of Title IX--which is the primary means of preventing gender discrimination in athletic programs at educational institutions--to community athletic programs, which do not fall under the purview of Title IX. To illustrate why this state law arose, Terri Hardy of the Sacramento Bee notes that Californian girls' teams often play at dilapidated venues, while their male counterparts seem to receive preference from municipal administrators regarding where their games are scheduled.



There are 12 "fairness" factors that courts will consider in civil actions arising from AB 2404:

(l) Whether the selection of community youth athletics programs offered effectively

accommodate the athletic interests and abilities of members of both genders;

(2) The provision of moneys, equipment, and supplies;

(3) Scheduling of games and practice times;

(4) Opportunity to receive coaching;

(5) Assignment and compensation of coaches;

(6) Access to lands and areas accessed through permitting, leasing, or other land use

arrangements, or otherwise accessed through a city, a county, a city and county,

or a special district;

(7) Selection of the season for a sport;

(8) Location of the games and practices;

(9) Locker rooms;

(10) Practice and competitive facilities;

(11) Publicity; and

(12) Officiation by umpires, referees, or judges who have met training and certification standards.

Also, AB 2404 instructs courts to consider whether there is a history of unfair treatment in the community and whether the community tends to enable females to play in certain popular female sports (e.g., softball).



It will be interesting to observe whether AB 2404 impacts kids' sports in California. There is some initial skepticism. For instance, in the Hardy article, one community administrator notes that field requirements for girls' softball are different from those used in boys' little league (e.g., softball fields have no pitchers' mound), so the fields cannot be functionally shared (I don't know if that is actually true). On the other hand, it does seem rather unfair if boys often get to play baseball in modern facilities, while girls are stuck playing on old softball fields (which I assume increases the likelihood of injury). Maybe AB 2404 will at least encourage communities to more fairly outlay resources when planning future expenditures for kids' sports.



One other side note: I find it interesting that, just like Title IX--which was signed by President Richard Nixon in 1972 as an expansion of the 1964 Civil Rights Act--AB 2404 was signed by a Republican (i.e., the Governator). I'm really not sure what to make of that information. But maybe President Bush ought to mention that in his next debate with Senator Kerry (and if he does, I hope he plugs Sports Law Blog, or at least praises Greg Skidmore, a fellow Texan).

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